tag:www.huntsvillepersonalinjurylaw.com,2013-03-21://20822015-07-31T18:20:35ZMovable Type Enterprisetag:www.huntsvillepersonalinjurylaw.com,2015://2082.16793912015-08-02T12:32:03Z2015-07-31T18:20:35Z
In about 40 states, it is illegal to use your cell phone while you are driving. Some states allow drivers of a certain age to talk on the phone while driving, and others ban the use of mobile devices altogether. Alabama is in the former category due to a law that went into effect in 2012. Using the phone for anything except talking or navigation can lead to fines and other consequences.

Text messaging, emailing, instant messaging and using other forms of written communication is outlawed. This was done for the safety of both the offending driver and those around them. Researchers at the University of Alabama at Birmingham discovered that the average driver looks down for 4.6 seconds to read a text message. If they are driving 55 miles per hour, this is long enough to travel about a hundred yards — all while not looking at the road.

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For first-time offenders, the fine is $25, plus about $100 in court fees. For the second offense, the fine increases to $50, and any subsequent offenses result in a $75 fine. While this may not seem like much, the real cost comes from your insurance company. Every time you are caught texting, two points are added to your license. Even after the first offense, your insurer will likely increase your rates.

This form of negligence is one of the biggest dangers on the road today and, all too often, leads to a fatal car accident. If you or a loved one has been the victim of an accident caused by someone texting and driving, you may be entitled to compensation for your pain and suffering. It may be beneficial to contact a personal injury law attorney to discuss the matter further

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16784352015-07-31T12:33:54Z2015-07-31T12:32:54Z
Insurance companies have a few things in common. In their advertising they all want you to believe that they are "on your side," and that "like a good neighbor" you are "in good hands" with them. Something else they have in common is that they are profit-driven businesses that are arguably driven by their bottom lines and not by altruism. What this can mean to you is that if you are involved in a car accident here in Alabama you may discover a side to your insurer, or if another driver was at fault his insurer, that may not be quite as friendly as they were before the accident happened.

At some point during negotiations with your or the other driver's insurer, you may receive a settlement offer for any personal injury and property loss that you have suffered. But if you are not employed in the insurance industry and do not otherwise know how it works, how will you know whether the offer you receive is fair in the sense that it provides you with the full amount of compensation you will require? A quick rule of thumb is, if the offer is the first one you have received, it probably isn't.

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Insurance agents and adjusters will generally have a range of money within which they are authorized to negotiate. Like any good hagglers, they will likely start off by offering you the low end of that range. Moreover, even your own insurer may want you to believe that your share of blame for the accident was perhaps greater than it actually was, for two reasons: to encourage you to settle instead of seeking an adjudicated resolution, and to encourage you to believe that your claim is worth less than it really is.

There are two possible ways to deal with insurance companies after an automobile accident: you can negotiate with them on your own, and hope that you are not being hornswoggled, or you can secure legal representation from a law firm that not only has a duty to represent your interests zealously but also has experience in negotiating with insurers from a position of knowledge about how to identify and accurately value all of your possible claims. Remember, once you accept a settlement offer it can be very difficult to go back and re-negotiate later, so getting it right the first time is extremely important.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16696252015-07-24T22:10:32Z2015-07-24T22:09:32Z
Severe burn injuries pose a special challenge for injured workers for at least two reasons: they can be debilitating in nature, causing lengthy loss of time from work, and can take a long time to treat and to heal, which can lead to the need for specialized medical, occupational and even mental health professional assistance -- all of which comes with a considerable cost.

Workers’ compensation in Alabama was designed precisely with such serious employment-related injuries in mind. And as a recent incident in Decatur indicates, it can also save much time and trouble that would otherwise ensue if it were up to the employee to file a lawsuit against his employer for compensation.

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The fire took place at a feed mill situated in farmers cooperative, which was under renovation at the time. One contractor working on the site was seriously burned, but as of yet neither the Decatur fire department nor the cooperative know what caused the fire to break out, except that the Decatur police department has ruled out any criminal activity as the source.

If workers’ compensation did not exist to cover incidents in which the cause of the injury was not clear, this could lead to questions about actual and proximate causation in a civil lawsuit that could take months if not years to finally resolve. Instead, through workers compensation – and with the assistance of attorneys who practice in this area of law – it is possible for injured workers to receive both income replacement and medical expense benefits much more quickly that it would otherwise take.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16545762015-07-21T19:51:02Z2015-07-20T19:25:17Z
More often than not, workplace accidents in Alabama are highly preventable. There are a few common causes of injury that, if caught early, could save companies thousands, if not millions, of dollars each year in workers’ compensation claims — and could save workers’ lives.

The first two causes are personal ones. Workers are often pushed, by themselves or employers, to stay late and finish work, leading to high levels of fatigue. This causes slower reflexes at machinery, distraction and other hazards. They may also become stressed out, leading to more mistakes or even cases like heart attacks.

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Slips and trips are also common causes of workplace injuries. These often occur when there are spills or other hazards on the floor. This is closely related to toppling objects, which happens when products are stored incorrectly. Not maintaining a safe work environment can lead to many injuries a year.

Next, not using proper techniques and gear can cause workers to get hurt. This applies to wearing the proper personal protective equipment when handling hazardous materials, and to using proper lifting techniques. Employers should make sure that all necessary equipment and training is given. In addition, workers should make sure they are taking the time to utilize these tools.

While less likely than the others, workplace violence can cause injuries. Supervisors should be wary of any heated arguments or other scenarios that could lead to fistfights. Finally, collisions between people opening doors or turning corners could lead to injury. Workers should be aware of their surroundings and take their time walking into potentially dangerous situations.

If you have been hurt at work, it is important to immediately file for workers’ compensation. If your claim is denied, a personal injury attorney may be able to help appeal the decision.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16526072015-07-19T19:51:02Z2015-07-17T20:18:25Z
It is not unheard of for an accident to occur, such as a car crash, in which a party who negligently caused the collision does not survive the encounter. In such an instance, what is the effect on the plaintiff's ability to file a lawsuit if the allegedly at-fault person is no longer living?

Under Alabama law, in such a situation it can still be possible to file a lawsuit against the estate of the person responsible. For example, if a lawsuit against a person was already filed and then the defendant dies, or a cause of action exists (and has not been precluded by the running of the applicable statute of limitations) against an individual who has already died, it can still be possible to initiate a legal claim against the personal representative of that person. This not only applies to personal injury situations, but also to other claims such as ones based on contract.

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Some considerations to keep in mind with these types of survival actions include:

There are different statutory provisions for causes of action that are equitable in nature, and not equitable.

The survival statute works both ways. Meaning, not only can a personal representative of an at-fault person be sued, but also the personal representative of someone who had a cause of action but has died can also bring a lawsuit based on a cause of action that the decedent may have had.

Survival actions are different from wrongful death actions. The two may be pursued in tandem with one another, but their remedies must be separate (that is, you cannot collect damages twice for the same claim, once for wrongful death and then again in a survival action).

This post is intended to provide an overview of survival actions in Alabama, and is not meant as a substitute for legal advice. If you have questions on this topic, you should consult with an attorney who practices in the area of personal injury and wrongful death law.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16526132015-07-17T19:52:40Z2015-07-17T19:51:40Z
If you have been disabled as a result of a work-related accident or illness, you may be eligible for more than one type of disability benefit. A common form of benefits overlap can occur between Alabama workers' compensation disability benefits and those that may be available through Social Security.

Having two potential sources of disability benefit income is certainly advantageous, but it does come with the proverbial “catch”. Namely, the federal government does not want to create what may amount to a “windfall” situation for people whose combined benefits would actually amount to more than what they were making while they were working. Thus, the Social Security Administration has devised a formula that can reduce the amount of your disability benefits if you are receiving them in tandem with workers compensation disability benefits.

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Here is how it works: Let us assume that you were making $4,000 a month before you became disabled. The most you can receive from the combined Social Security and workers’ compensation benefits is not more than 80 percent of your pre-disability earnings. If your combined benefits would total to more than $4,000 monthly in this example, then Social Security will reduce your disability benefits until the 80 percent level is reached.

There may be a silver lining to this restriction if you are eligible for benefits other than workers’ compensation and Social Security, such as benefits through the Veterans Administration; these may not be subject to the 80 percent restriction described above.

To learn more about how you may qualify for different types of disability benefits, and how to maximize your eligibility, you may want to speak with an attorney who is experienced with Alabama workers’ compensation law and other benefits sources.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16406482015-07-14T02:23:04Z2015-07-12T02:25:01Z
The brain controls every function of the body. Damage to the brain can be caused by being struck in the head by an object, falling down and striking it on an object or on the floor, being violently shaken or being subjected to insufficient oxygen.

The consequences of a traumatic brain injury may include nothing more serious than dizziness, headache and nausea. But it could just as easily result in loss of consciousness or, even, a coma. Other consequences could be permanent disability accompanied by a need for long-term care, or, if the brain injury is serious enough, it could cause death.

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Contrary to what many believe might believe a brain injury is not always accompanied by a loss of consciousness. Open head injury describes an injury in which an object penetrates a person’s skull to cause brain injury. Closed head injuries, such as those caused by a person’s head striking the steering wheel in an accident or a person falling and striking the head on the floor, may cause the brain to move within the skull. The violent motion could cause the brain to knock against the inside of the skull causing injury.

A brain injury caused by the negligent conduct of another person, such as the driver of a car that strikes a pedestrian, or the physician error that results in insufficient oxygen being supplied to a patient’s brain during a surgical procedure, may entitle the victim to compensation. Much would depend on the extent of the damage caused to the brain and the physical and mental limitations that may result.

A person suffering a catastrophic injury in a major accident or due to medical malpractice might have a right to compensation for medical expenses, pain and suffering and permanent disability that could result. A personal injury attorney in Madison, Alabama, could probably offer legal advice help the injured person to sue for damage.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16406472015-07-12T02:25:06Z2015-07-12T02:24:06Z
Seems like an insensitive question, doesn’t it? If you have lost an arm as the result of a work-related accident, isn’t every arm worth the same no matter where the victim lives? Perhaps it should be, but under state workers’ compensation laws, the value varies. A recent study published by Pro Publica shows that the rates of compensation in Alabama fall far below the average across the country for some injured body parts.

Workers’ compensation laws are based upon a law which computes compensation for each body part injured and the nature of the injury. The study showed that two workers with very similar backgrounds, e.g., age within two years of each other, both married, both with two children of similar ages and, remarkably, both with their children’s names tattooed on their bodies. But the difference in the amount of compensation the two men received for losing a portion of a left arm in job-related injuries was staggeringly different.

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Even though the two men lived only 75 miles apart, that distance was across state lines. And therein lies the rub. In Alabama, the man was awarded $45,000 for the loss of his arm. In the other state, the injured worker received over $700,000. Alarming, but not surprising, since Pro Publica reported that Alabama has the lowest rates of compensation for amputations.

The article cited other examples of how Alabama tries to pay as little as possible to injured workers. One woman lost every finger except her little finger on one hand in a scrap wood conveyor. Instead of compensating the worker for her entire hand, she was offered the lower total benefit for four individual fingers.

OSHA is quoted in the ProPublica article saying that many injured workers’ families, as well as taxpayers, are paying the vast majority of medical expenses and lost income due to the minimized workers’ compensation benefits. The Alabama man said that his three-bedroom home went into foreclosure, forcing a move into a singlewide trailer. In the other state, the man for the most part continued to maintain his pre-injury lifestyle.

Although some Alabama legislators support laws that would increase the amount of workers’ compensation, workers’ compensation insurance carriers will continue to fight to pay the lowest possible amounts. A consultation with an attorney familiar with Alabama workers’ compensation laws will be useful in helping you recover the maximum benefit the law allows.

Source: ProPublica, “How Much Is Your Arm Worth? Depends On Where You Work,” Michael Grabell and Howard Berkes, March 5, 2015

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16389962015-07-09T16:18:01Z2015-07-09T16:17:01Z
Any type of workplace or job site has some risk for injury to employees. A restaurant worker can slip and fall while carrying a tray of food to a table or suffer burns in a kitchen. An office worker can develop carpal tunnel syndrome from repetitive computer tasks or have debilitating back pain from chairs that don’t meet ergonomic standards. But the construction industry is one of the most inherently dangerous in terms of injuries that qualify for workers’ compensation benefits. Falls are the most common cause of death on construction sites.

OSHA records show that 828 fatalities were reported that occurred in some sort of construction accident. Of those, 291 were due to injuries from falls. In 2010, the Bureau of Labor Statistics found that 35 percent of construction worker fatalities resulted from falls. Because of the large percentage of deaths and injuries from these accidents, OSHA has launched a Fall Prevention Campaign designed to give employers the necessary information to reduce these alarming numbers.

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Deaths and injuries from falls can occur in many situations. For example, a worker who climbs towers in the communications industry could fall and suffer injuries. Similarly, workers in the utility industry could fall while repairing a transformer or power line after a storm. OSHA fall protection materials even mention fall accidents on or near water that, without the proper lifejacket or other flotation device, could lead to injury or death.

Regardless of the industry or the type of injury suffered, the employer is responsible for three steps outlined in the campaign materials: plan, provide and train. Employers who fail to plan properly for fall prevention or fail to provide the proper equipment to prevent falls or reduce the impact of a fall may be required to pay workers’ compensation benefits for workers who are injured as a result of the employer’s lack of attention to these matters. Similarly, it is the employer’s responsibility to make sure that workers are properly trained to use any safety equipment that is provided.

If you have suffered an injury or a loved one has died as the result of an on-the-job fall, it is important to seek legal advice to determine whether the worker’s employer was in any way responsible. In Alabama, workers’ compensation benefits may be available to the worker or to his or her family if the fall resulted in death.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16302882015-07-01T20:51:16Z2015-07-01T20:50:16Z
If you are involved in a serious car accident, chances are that you had no way to anticipate it, not to mention prepare for it. But in its aftermath, how your attorney prepares your claim can make the difference between receiving the compensation you need and having to make do with less.

It begins with the investigation of the accident. Timing is crucial: the longer it takes for investigators to get to the accident scene and to take measurements and photographs, and the longer it takes to identify and to talk with witnesses, the more likely it is that key elements such as physical evidence at the scene or witness recollections can degrade.

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Experience is also an essential factor in building your case. The more time your attorney needs to spend "learning by doing" or by having to look things up instead of already knowing them, the more likely it becomes that your negotiating position in settlement or your trial preparation and presentation will suffer.

At Johnston Moore & Thompson we put our experience with car accident personal injury cases to best use for you. We send our investigators to the accident scene promptly, and we gather information from witnesses as quickly and in as much detail as possible. Putting together the strongest possible settlement package to present to insurers, we can maximize your chances of receiving fair compensation without the need for trial; but if need be, that same preparation can roll over into trial preparation so that you will have a compelling argument to make to a jury.

If you need legal help after a car accident, do you want to take a chance on counsel that may not have the experience, resources and aggressiveness that you will require? We don't think so, either. Find out more about what we can do for you by going to our car accident webpage.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16225582015-06-28T16:29:00Z2015-06-26T17:07:25Z
A recent study looked at every state’s DUI penalties to determine which states were the strictest and which were the most lenient. The study ranked the states, with one being the strictest and 51 being the most lenient. Alabama was ranked 23rd overall.

Even though Alabama is not ranked the highest on this list, the consequences for a DUI can be serious. A person who is convicted of a DUI for the first time faces a maximum penalty of $2,000 and a driver’s license suspension of three months. The severity of the consequences increases with each conviction. For example, the first DUI conviction does not carry a minimum jail sentence. A fourth conviction for a DUI is automatically a felony and carries up a jail sentence of up to five years.

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The penalties seem harsh and for good reason. Drunk driving is a selfish act. It puts other people—not just the driver—in danger. Unfortunately, the criminal penalties do not always teach drunk drivers a lesson.

If your loved one was killed by a drunk driver, a wrongful death lawsuit can bring the justice that you and your family deserve. When someone is killed due to another person’s misconduct or negligence, the surviving members of that victim’s family can file a wrongful death lawsuit. These types of lawsuits are civil, not criminal. This means that in addition to facing criminal prosecution, a drunk driver can also be named a defendant in a wrongful death lawsuit.

In Alabama, people who are injured by drunk drivers are entitled to punitive damages. As the name suggests, punitive damages are intended to punish the driver for his or her behavior. While no amount of money can replace your loved one, punitive damages can compensate you things like the loss of income, medical bills, and pain and suffering.

Drunk drivers need to be held responsible for their actions. Alabama’s DUI penalties often do not stop drunk drivers from getting back behind the wheel. Although the penalties increase with each conviction, one drunk driving accident is all it takes to devastate a family. If your loved one was involved in a fatal car accident, speak with an experienced personal injury attorney to find out your options.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16225172015-06-26T16:30:20Z2015-06-26T16:29:20Z
An investigation into a recent Madison County car accident that sent a motorcycle rider to the hospital with a head injury focused on a turn made by the car. The westbound motorcycle crashed into the side of the other vehicle that turned in front of it.

The eastbound car made a left turn into the path of the westbound motorcycle. Unable to stop or otherwise avoid a collision, the motorcycle rider was thrown into the air. According to police at the scene, the rider was taken to a local hospital with life-threatening injuries.

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Motorcycle crashes can be caused by any of a number of factors including weather conditions, road surface hazards and rider inattention. Auto collisions are just one cause of such accidents.

Whether an injured victim of an accident may recover damages for medical expenses, pain and suffering and lost earnings depends upon the existence of evidence to prove negligence on the part of one of the people involved. Texting while driving is just one form of distracted driving that might be considered negligence if it caused an accident.

Proving negligence becomes more difficult when dealing with a fatal car accident or, as might be the situation with the injured motorcycle rider, an injured accident victim who is unable to recall the events of the accident due to a serious head injury. This is where the results of a police investigation can prove invaluable to a personal injury attorney representing accidents victim or family members who have suffered the loss of a loved one in fatal auto collisions.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16156692015-06-21T00:47:03Z2015-06-19T17:12:27Z
Sometimes when you are injured on the job or contract a work-related illness, the workers compensation process works smoothly. Your claim for benefits is handled expeditiously, and you receive the full amount of income replacement and medical benefits to which you are entitled.

There may be times, however, when something goes wrong during the claim process. Your claim may be denied, or you may face a challenge in receiving the full amount of benefits. In this situation, what can you do about such an adverse decision under Alabama law?

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You have two possible courses of action. You can opt for mediation through the Ombudsman Program, or you can appeal to the civil Court of Appeals.

Mediation. Mediation is voluntary, but encouraged as a way to reduce the need to use judicial resources to resolve workers' compensation disputes. A mediation decision on the dispute is not binding, meaning that it can be appealed to the court system if one of the parties to the mediation believes that the mediation outcome was unsatisfactory.

Appeal to the court system. Although some states have dedicated workers' compensation courts, Alabama is not one of them. You can appeal to the Court of Appeals directly in lieu of mediation, or you can appeal a mediation decision to the court. Ordinarily workers' compensation appeals are handled by a judge without a jury, but in cases involving accusations of misconduct by an employee then you or the employer have the right to request a jury. Appeals court decisions are binding in effect.

Aside from the matter of enforceability, another important distinction between mediation and an appeal to the courts is that the latter is a formal legal proceeding just like any other lawsuit that you may be involved in. The informality of mediation may tempt you to represent yourself without an attorney, but in an appeal to the court you would be well served to retain the services of a law firm that has experience with workers' compensation appeals cases.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16109802015-06-19T00:47:03Z2015-06-16T17:08:45Z
Workers compensation offers many advantages to employers as well as to workers in Alabama. From the employer's perspective, one of the reasons to voluntarily have workers' compensation insurance is that it provides a degree of liability protection in the event that a worker is injured on the job or contracts a work-related illness. Still, not all employers would be convinced of the self-interest advantages of participating in the state's workers' compensation, so with only a handful of exceptions Alabama law requires them to do so.

So if you ever wonder whether your employer must have workers' compensation insurance, the answer is, "probably."

(Very) small businesses. With the notable exception of construction companies that work on building single-family houses, companies having four or fewer employees -- including officers of corporations, or members of limited liability companies -- do not need to have workers' compensation insurance (note that the officers and LLC members can exempt themselves from being counted by filing documentation with the Workers' Compensation Division of the Alabama Department of Labor).

Sole proprietors and partners of a business.

Employers of farm laborers, domestic employees and casual employees.

Municipalities which according to the most recent census have fewer than 2,000 residents.

Note that even if a company or municipality qualifies for an exemption from workers' compensation, it may still elect to participate voluntarily.

Most of the time, if you are hurt while at work you will be covered by workers compensation. If for some reason your employer denies that it is covered, and does not fit into one of the narrow exceptions above, you may want to check with the state Workers' Compensation Division, or a law firm that practices in the area of workers' compensation law.

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tag:www.huntsvillepersonalinjurylaw.com,2015://2082.16065282015-06-17T00:47:03Z2015-06-12T16:46:41Z
Workers' compensation is often thought of in terms of income replacement and medical costs for workers who are injured, become ill or who are otherwise at least temporarily disabled in connection with their employment. In addition to these features, benefits can also be payable to the survivors of workers who die while on the job. This is part of the basis for a wrongful death lawsuit arising out of the death of a Montgomery police officer who died in a traffic accident while responding to an emergency call in April of this year.

The responsibility for the accident is subject to dispute. An investigation by the Alabama Law Enforcement Agency found the police officer to have been at fault for failing to yield the right-of-way to an 18-wheeler truck in an intersection, but the officer's family is suing the company that owned the truck claiming among other things that the driver had been operating for too many hours, had been falsifying log entries to conceal that alleged fact, and was fatigued at the time of the accident. The lawsuit also names the City of Montgomery as a defendant and seeks workers' compensation benefits based on the deceased officer's status of being on duty at the time he was killed.

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Two interesting aspects of this case are the interaction of workers' compensation with a wrongful death lawsuit, and the "friendly plaintiff" nature of the officer's family with the city. Workers' compensation is intended at least in part to avoid the need for injured workers or the survivors of workers who die in connection with their employment, so seeing a workers' compensation claim in litigation is unusual. The lawsuit also makes clear that the police officer's family is actually appreciative of the behavior of the city administration in the aftermath of the fatal accident, suggesting that the lawsuit is possibly connected with the finding of fault on the part of the officer by the ALEA.

Any time that a worker is injured or dies on the job in connection with possible third-party liability can raise complex issues of both fact and law. A personal injury law firm that also handles workers' compensation benefit matters can be ideally suited to assist workers and their family members to identify the most appropriate legal options and courses of action in these particular circumstances.